DVLA screw up = CCJ

Ginger16

Well I gave the PPC a ring...


They picked up the phone instantly, very helpful lady who was in their legal department, after I cut in to her monologue it sounds like set aside by consent may be an option, pending their review.


She went on a bit about the fine being reduced, which I politely had no interest in , but she accepted we both needed to review one anothers evidence which was refreshing.



Email is not a facility they have; but I can get an Evidence Pack on request within 14days through a postal request.

Overall it seemed dangerously easy to chat to them, and I was very impressed in their help and attitude. I don't know if people loose their temper and create friction or if the PPC is just nice on the first call, we will see.

I know time is of the essence; but I have been continuously proactive when not waiting on a specific response from the court/DVLA. So I feel comfortable giving them 14days before I file the WS; as it is in the interest of the court for both parties to reach a set aside agreement outside of a hearing.



Coupon-mad - cheers I will have a hunt through more recent ones to prep a backup, and I will chase the DVLA further.



Johnersh - I did live there for a few years, so it should be the same as many other cases. I hope I do get to go to court, my friend is in a similar situation and I want to practice my judge interaction skills.



Thanks to all so far, I find every comment really useful.

[Deleted User]

Ok, so it HAS been an address for service, but not since [date]. C will say relied on DVLA info in good faith, you will say never served.

Court should set aside. You should ask for this to be set aside with costs in the case (which allows you to recover them if the claim is successfully defended). If C refuses, you point to your correspondence inviting the set aside and then seek your costs of the unnecessary hearing.

You'll be down £100 for the set aside, but better than a CCJ. You'll get that back if the claim is successfully defended, but not before.

If this is contested, I'd lodge a draft defence with the application as evidence it is potentially defensible (or as the lawyers would say, more than merely arguable).

Ginger16

PPC rang me with a response to my request to set aside with consent.

They are happy to "Without Prejudice Save us to Costs":

- 50% of the original CCJ amount
- then mark it as satisfied

- after payment they would agree a Draft consent Order of:
(a) The judgment in this matter be set aside;
(b) The proceedings in this matter be dismissed; and
(c) No order for costs be made.

And obv. I have to pay the £100 submission fee to the court, and the decision is down to the judge.
So this seems pretty good for my personal situation as I only care about the CCJ being wiped and the consent means less argument about the set aside. But it seems backwards to have to pay first.


Question: If I agree to this "Without Prejudice Save us to Costs" can marking the CCJ as satisfied/ paying settlement have a detrimental impact when it is presented to the judge to set the CCJ aside with consent?

I understood one of the requirements the judge looks to set aside a CCJ without consent is that the defendant has a likelihood of defending the claim. But if I agree to settlement, there is nothing to defend, so why would the judge set it aside? I assume therefore the requirements are different when there is consent between both parties?

So far the PPC have been very polite and helpful, but I don't want to put myself in a vulnerable position by making a payment.

[Deleted User]

I wouldn't have it satisfied. You need it removed.

I think it'd be better to have an order that provides similar to the below. **CAVEAT: You must decide what you need to ask for, not me - it's not my case and I'm not familiar with all of the facts!!!**

My view, FWIW, is that satisfying a claim is not the same as setting it aside as though it never existed. Once satisfied i'd not be convinced you could get it set aside, which is a logical assumption, but I've not researched the point, which rarely if ever crops up in my world.

AA. Claimant

-and-

BB. Defendant


UPON the parties noting that an incorrect address was provided to the Claimant by the DVLA

AND UPON a default County court judgment having been obtained by the Claimant on date

AND UPON agreement between the parties AND BY CONSENT

IT IS ORDERED THAT:

1. D do pay the PPC by 4pm on date of the sum of xxx
2. The judgment dated date be set aside
3. D do pay the costs of the application, limited to the court fees

If they can't agree to that, provided you can prove the error, you have the right to take it to court, establish that service failed and they risk getting nothing, so an order at 50% with you doing all the running ought to be attractive.

henrik777

I would ask them what steps they took to ascertain your current address. I suspect it's none and they blatantly relied on the address given by the DVLA a considerable time ago.

In such circumstances i would be making an application under 13.2 with the 13.3 application in the alternative.

There is no time limit or any requirement to have any prospect of defending the claim under 13.2. In short, it's mandatory.

Half_way

Do not agree to have it marked as satisfied, you need/must have it removed

In addition to the above, and previous posts, who's car park was this?

Ginger16

Thanks Johnersh that is much closer to what I had imagined and I would be happy if they agree.



13.2 as a mandatory route looks quite clean where others have used it. I just hope I am smart enough to be able to word it accurately if it comes to that.

I think its a private car park, still awaiting the evidence but I think she said its an ANPR.

Ginger16

[FONT=&quot]After offering to pay the 50% sum to the PPC as part of the consent order, they have now posted me a signed draft consent order of no costs to be made. I guess they are satisfied its not profitable to dispute it. Due to the PPC agreeing with me and manadatory set aside I feel I can cut my WS right down.

The PPC have still not provided me with the evidence pack and as of tomorrow they will have breached their 14day limit to provide the evidence, defined in the original judgement. I would mention it on the WS but the evidence, or lack of it does not seem significant now.
[/FONT]
[FONT=&quot] [/FONT]
I am [MY NAME] and I am the Defendant in this matter.
This my supporting Witness Statement in support of my application dated [TODAY'S DATE] to:
· Order that the Default Judgment to be set aside;
· Order for the proceedings in this matter to be dismissed;
· No order of costs to be made.

1. Default Judgment
1.1. On the [CCJ DATE] the Claimant obtained a Default Judgment against me as the Defendant. The claim form was not served at my current address and I thus was not aware of the Default Judgment until [TWO WEEKS AGO] when I was doing a routine check on my credit file.
1.2. I understand that this claim was served at an OLD ADDRESS ([OLD ADDRESS]). However, I moved to a new address in [DATE LEFT OLD ADDRESS]. In support of this I can provide confirmation from [LOCAL] County Council showing my updated details for the purposes of paying Council tax [Evidence: CTbill].
1.3. On moving to my new address on the [DATE LEFT OLD ADDRESS] I provided the DVLA with the paperwork for both my driving license and V5 to be updated. The DVLA failed to update my V5 address and so continued to use my old address on their system.
1.4. During this time the DVLA provided the old address to the Claimant.
1.5. I became aware of the error in [June 2016] when the DVLA issued an LLP (Late Licensing Penalty) against the vehicle to the address on my drivers license. I contacted the DVLA to open a case.
1.6. The DVLA investigated and accepted responsibility for the fault of incorrect details being held, retracted the LLP and provided an apology letter [June 2016] -[Evidence: DVLA Apology].

2. Judgment Dismissal
2.1. As a result of the DVLA’s error I have never received any claim from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

2.2. As the claim was never served to me I believe the CCJ was wrongly entered under Part 13.2 of the Civil Procedure Rules and request it to be mandatorily set aside.
2.3. I have discussed the situation with the Claimant, who has provided consent to set aside and dismiss the case as shown in the signed Draft Consent Order. [Evidence: Draft CO]
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

Ginger16

I was going to push for a copy of the evidence, but I feel it could work in my favour when it came to the hearing.

Coupon-mad

I am confused.

If you are now signing and agreeing to a set aside with consent, there is no need for a hearing.